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Archive for August, 2011

*All Posts,Child-visitation,Grandparent Visitation

In every case in which visitation is denied, the grandparents bear the burden of establishing by a preponderance of the evidence that visitation is necessary to avoid harm to the child

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August 20, 2011 at 12:28 pm

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*All Posts,Alimony,Child-support,Divorce,Life insurance,Life Insurance after divorce

A court may order the maintenance of life insurance as a means of securing both alimony and child support

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August 20, 2011 at 12:24 pm

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*All Posts,Domestic-violence,Harassment

The speech punished by the harassment statute must be uttered with the specific intention of harassing the listener

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August 20, 2011 at 12:22 pm

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*All Posts,Child-support-modification,Modification of Alimony,Settlement agreement

Any settlement agreement must be considered as an integrated whole consisting of various elements that have resulted from the give and take that is the hallmark of a negotiated agreement

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August 20, 2011 at 12:16 pm

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*All Posts,Alimony,Child-support,Child-support-modification,Modification of Alimony

An assessment of change of circumstances must be holistic — the analysis must consider not only the income set forth on tax returns but the economic interests of the parties that, if not utilized as current income, provide resources, both real and potential, to meet the need for family support

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August 20, 2011 at 12:14 pm

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*All Posts,Alimony,Divorce,Limited duration alimony

Limited Duration Alimmony is available to a dependent spouse who made contributions to a relatively short-term marriage that demonstrated the attributes of a marital partnership

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August 19, 2011 at 12:13 pm

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*All Posts,Property-settlement-agreement,Settlement agreement

Where a dispute arises as to the application of a property settlement agreement, the court may apply basic principles of fairness and equity to resolve ambiguities

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August 19, 2011 at 12:09 pm

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*All Posts,Entire Controversy Doctrine,Litigation

The entire controversy doctrine

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August 19, 2011 at 12:05 pm

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*All Posts,Character Evidence,Evidence,Litigation,Other crimes

Even relevant evidence may be excluded if its probative value is substantially outweighed by the risk of undue prejudice, confusion of issues, or misleading the jury

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August 17, 2011 at 6:05 pm

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*All Posts,Attorney-client-relationship,Contracts

Legal retainer agreements are generally enforceable, provided they satisfy the general requirements of ordinary contracts and professional ethics

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August 17, 2011 at 6:02 pm

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